The hidden tax trap in your estate plan: why super needs special treatment
Understand the Super Proceeds Trust and how it ensures superannuation death benefits are distributed tax-efficiently.
Understand the Super Proceeds Trust and how it ensures superannuation death benefits are distributed tax-efficiently.
Discover key aspects of superannuation and how to ensure your Binding Death Benefit Nomination is valid and effective.
Explore the complexities of death benefits and whether grandchildren can receive superannuation payouts directly.
Do you have the same rights as people who are married? For example, to share in your partner’s estate, challenge their Will, get damages for wrongful death, claim super benefits, etc? The short answer is, yes, but…
Deciding to get married is a big emotional decision. But it’s also a massive legal and financial decision. Asset ownership, asset protection, super, life insurance, decision making, estate planning and family financial support, all need to be carefully considered to provide a solid legal foundation for a successful life together.
A common frustration experienced by primary producers is that they cannot use their super savings in their business. Not being able to access your retirement savings until you are 60 (generally) and retired, can feel like you are diverting capital away from where it is needed. One way around this issue is to own farmland in your Self-Managed Super Fund (SMSF).
Everyone gets a $1.6 million cap on the assets that can support a tax-free super pension. You and your spouse each get a separate cap. But super pensions that pass to you from your spouse when they die may put you over your cap. This will have adverse tax outcomes. You need to plan for this as part of your estate planning.
Your super doesn’t form part of your estate, and is not subject to the terms of your Will. It’s therefore critical to have in place appropriate arrangements to make sure your super ends up where you intend.
A ‘Binding Financial Agreement’ is a way for couples to put in writing what they would like to happen to their property if their relationship breaks down, or if their relationship has already broken down and can avoid costly disputes.